Monday, May 18, 2009

Transcript of latest America's Cup court hearing

Related PDF file- Transcript of NY Supreme Court hearing, 14 May 2009

For all our readers that can't have enough of the America's Cup legal intricacies, we publish the transcript of the latest hearing, held last Thursday before Justice Kornreich in New York.

It's a pity this is the only type of articles we publish on what is supposed to be the pinnacle of professional sailing but if you want some bedtime reading, here it is, courtesy of BMW Oracle's Tom Ehman.

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At 4:25 AM, Anonymous Norberto said...

THE COURT: "It seems to me that perhaps Golden Gate is playing fast and loose" ..... there is a true statement if you ever heard one!

At 6:16 AM, Anonymous Anonymous said...

Not surprisingly another loss for SNG. When will they learn -

Decision -

THE COURT:.....At this point, in regard to Golden Gate Yacht's application for contempt, I'm directing SNG to hold the race as per the order of the Court of Appeals Proceedings and Justice Cahn in February as the order required.

Should SNG not do so, I am then going to give the other party, Golden Gate, the opportunity to move for contempt.

MR. OSTRAGER: You need not be concerned, your Honor. We will comply.

THE COURT: In regard to SNG's application, I am stating right now that, although the deed does not require a certain date, the deed does require that the vessel conform to the challenge dimensions.

If the CHR does not conform to the challenge dimensions, it is this Court's belief, and my direction, that Golden Gate will be disqualified, and I am directing Golden Gate, in good faith, to abide by the deed, to make application for the CHR as soon as possible and providing it as soon as possible

That's the order of the Court.

I would ask that the parties step up, so we can discuss mediation, perhaps.

(Conference at the bench)
(End of proceedings)

At 1:48 PM, Anonymous Barry said...

This is a victory for SNG isn´t it ? GGYC was seeking ´contempt of court´and they didn´t get it. Simple.

At 2:55 PM, Anonymous Anonymous said...

A legal loss for SNG would have been if they would have been held in contempt of court, which they weren't. The whole thing was frivolous from BOR as you cannot being held in contempt for something that hasn't occurred yet - as the judge herself pointed out.

Just another desperate legal maneuver from Ellison in his struggle to eliminate the competition and win the AC in the court.

US Sailing has by now no credibility left! And, in the end Crazy Larry will get his butt kicked (again).

At 4:36 PM, Anonymous Norberto the imposter said...

But instead GGYC was reminded to turn over their Custom House Registry, and to name the boat! So, if anything, BOR wound up with the short end of the stick on its latest legal maneuver.

At 4:56 PM, Anonymous WetHog said...

"This is a victory for SNG isn´t it ? GGYC was seeking ´contempt of court´and they didn´t get it. Simple."

In my ignorant American opinion, GGYC/BMWO wanted the date of the match clarified above anything else. SNG/Alinghi kept tooting their horn about May 2010 which was contrary to the order from the court. GGYC/BMWO got SNG/Alinghi nailed down on February 10, 2010. Plus GGYC/BMWO got some clarity on the CHR issue as well.

SNG/Alinghi actually getting slapped with contempt would of been icing on the cake.

Also, the bullshit attempt by SNG/Alinghi to get the "spying" affidavit on the record was simply ignored.

So GGYC/BMWO got the February 10, 2009 match date confirmed. Win for them IMO. And SNG/Alinghi can claim they got a win by getting the Judge to call GGYC/BMWO "Fast and Loose". But IMO, being called "Fast and Loose" is only a negative if you are a woman.

At 6:00 PM, Anonymous Anonymous said...

I don't think that Alinghi is going to try to sailing in May, isn't it? So I guess they didn't win all the wanted to get....

At 9:54 PM, Blogger Norberto said...

you alinghi supporters must be, imo, a little bit law ignorant (which i am not, being a lawyer - i know, nobody's perfect, etc.) or you are reading a completely different document from the one i read.

At 10:54 PM, Anonymous Norberto the imposter said...

Well, Norberto, if you are a lawyer maybe you could explain something for me, my friend: if you go to court, and ask the judge to find your opponent in contempt of court, and the judge thinks you are playing "fast and loose", and then does not find your opponent in contempt of court, how is that a victory?

At 12:49 AM, Anonymous Anonymous said...

Norberto the imposter - it's a win as SNG can't hijack The Cup into May. That's all GGYC was trying to do. To get contempt it takes several steps.

Also the Judge said the CHR is ASAP so SNG can't do anything about that either. It will take several steps of SNG to seek a DSQ but the would be crazy to try now that there is mediator.

Bottom line my friend is please read the decision or is this a SNG profile in that SNG'ist don't read the rules they only invent them. Oophs, their track record speaks to that :-(

At 1:21 AM, Anonymous WetHog said...

"and the judge thinks you are playing "fast and loose", and then does not find your opponent in contempt of court, how is that a victory?"

Its a victory when your opponent, SNG/Alinghi, has been hollering about "It cannot happen before May 2010" in regards to the DoG match and the judge confirms that the match must be held on February 10, 2009 and gets SNG/Alinghi's lawyer to agree to that date on the record. I would think GGYC/BMWO would consider that a victory.

At 4:28 AM, Anonymous Anonymous said...

The impostor is right, we all the America's Cup fans lost this battle.

It would have been so much better for all of us that the judge had held Alinghi in contempt of court and had taken over the Cup...

But at least we are going to be back to an America's Cup sooner instead of an late Bertalinghi's Cup

At 4:50 PM, Blogger Norberto said...

12:49 am annymous: thank you very much for the explanation. maybe my dear impostor can understand things said by others. because it seems he doesn't get what i say.


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